Comprehensive Peace Agreement 2006

In a ceremony held at the Birendra
International Convention Center in capital Kathmandu on November 21,
2006, Prime Minister Girija Prasad Koirala and Maoist chairman Prachanda
signed the Comprehensive Peace Agreement (CPA) 2006. Presented below
is the full text of the same.

Reaffirming commitments to the 12-point
and 8-point agreements, and 25-point code of conduct between the seven
parties and the Maoists; decisions taken during the meeting of the top
leaders of the seven parties and the Maoist on November 8 along with
other agreements, understandings, code of conducts and letter sent to
the United Nations stating identical viewpoints by the Maoists and the
Nepal government,

Pledging for progressive restructuring
of the state by resolving prevailing problems related with class, ethnicity,
regional and gender differences,

Pledging commitments to Universal Declaration
of Human Rights 1948 and other international humanitarian laws and values
and principles of the human rights,

Guaranteeing the fundamental rights
of the Nepalese people to cast their votes in the constituent assembly
polls without any kind of fear,

By putting democracy, peace, prosperity,
progressive social and economic transformation, independence, integrity,
sovereignty and prestige of the state in the centre-stage, implement
the commitments made by both the sides to hold the election to constituent
assembly by mid June 2007 in a free and fair manner,

Declaring the end of armed conflict
prevailing in the country since 1996 and beginning the new era of peace
and co-operation as per the understanding reached between both the sides
for guaranteeing the sovereignty of the Nepalese people, progressive
political solution, democratic restructuring of the state and social,
economic and cultural transformation of Nepalese society through the
constituent assembly,

Committing to transforming the ceasefire
between the Nepal government and the Maoists into permanent peace, the
following comprehensive peace agreement has been reached between the
Nepal government and the Communist Party of Nepal (Maoist).

1. Preliminary

1.1. This agreement shall be called
‘Comprehensive Peace Agreement, 2006’. In short this shall be called
peace agreement.

1.2. This agreement shall come into
effect through public announcement by both the government and the Maoists.

1.3. Both the sides shall issue directives
to all the agencies under them to follow and implement this agreement
immediately and shall implement it .

1.4. All agreements, understandings,
code of conduct and decision taken by the government, the Maoists and
the seven parties enlisted in the appendix shall be inseparable part
of this agreement .

1.5. The agreements and understanding
to be signed later to implement this agreement shall also be regarded
as part of this agreement

2. Unless the subject or context
otherwise requires, in this agreement:

Ceasefire shall mean restriction of all kinds of
attacks, abduction, disappearance, imprisonment, mobilisation and
strengthening of the armed force, attacking or armed actions targeted
against each other between the Nepal government and the Maoists
and any form of destructive, provoking or inciting activities in
the society.

‘Interim constitution’ shall mean the ‘Interim Constitution
of Nepal 2006’ to be promulgated and exercised until a new constitution
is written through Constituent Assembly.

‘Interim cabinet’ shall mean the council of minister
formed as per the interim constitution.

‘Both Parties’ shall mean Nepal government and the
Communist Party of Nepal (Maoist).

‘Prevailing laws’ shall mean the interim constitution
and other existing Nepalese laws that are not inconsistent with
this constitution. However, this definition shall not affect the
existing legal system in the country before the announcement of
the interim constitution.

‘Verification’ would mean the preparation of the
detailed situation of the army, combatants and arms by the United
Nations after verification.

3. Political, social, economic transformation and
conflict management

Both parties have agreed to formulate following programmes
and policies for political, social and economic transformation and management
of the existing conflict through positive means:

3.1. Based on the decision taken by the meeting of the
top leaders of the seven parties and the Maoists (schedule 6) on November
8, guarantee progressive political, economic and social transformation.

3.2. Form the interim legislative – parliament, as per
the interim constitution, the interim government shall hold election
to constituent assembly elections by mid-June 2007 in free and fair
manner and make the Nepalese people feel their inherent sovereign right.

3.3. No rights of state administration shall remain
with the King. Bring the properties of late King Birendra, late Queen
Aishwarya and their family members under the control of the Nepal government
and use it for the welfare purposes through a trust. All properties
acquired by King Gyanendra by the virtue of him being the King (like
palaces of various places, forests and conservation areas, heritage
having historical and archaeological importance) shall be nationalised.
Determine the fate of the institution of monarchy by the first meeting
of the Constituent Assembly through simple majority vote.

3.4. Promulgate the political system that fully comprehends
with the concepts of universally adopted principles of fundamental human
rights, multiparty competitive democratic system, sovereign rights inherent
in the people and supremacy of the citizens, constitutional balance
and control, rule of law, social justice and equality, independent judiciary,
periodic elections, monitoring by the civil society, complete press
freedom, right to information of the citizens, transparency and accountability
of the activities of the political parties, people’s participation,
fair, able and uncorrupted administrative mechanism.

3.5. End the existing centralised and unitary state
system and restructure it into an inclusive, democratic progressive
system to address various problems including that of women, Dalits,
indigenous community, Madhesis, oppressed, ignored and minority communities,
backward regions by ending prevailing class, ethnic, linguistic, gender,
cultural, religious and regional discrimination.

3.6. End all forms of feudalism and prepare and implement
a minimum common programme of socio-economic transformation on mutual
understanding.

3.7. End feudal land ownership and formulate the policies
for scientific land reforms.

3.8. Adopt policies for protection and promotion of
national industries and resources.

3.10. Adopt policies to provide land and socio-economic
security to backward groups like landless, bonded labourers, tillers,
Haruwa-charuwa and other such groups, which are socio-economically backward.

3.11. Adopt policies to take strict actions against
the people who have worked in government positions and have amassed
huge amount of properties through corruption.

3.12. Prepare a common development concept that will
help in socio-economic transformation of the country and will also assist
in ensuring the country’s economic prosperity in a short period of time.

3.13. Follow policies ascertaining the professional
rights of workers and increase investment on sectors like promoting
industries, trade and export and increase employment and income generating
opportunities.

4. Management of armies and arms

To hold the election of constituent assembly in free,
fair and peaceful environment and democratisation and restructuring
of the army, the following works shall be done as per the 12-point and
8-point agreements, and 25-point code of conduct, 5-point letter sent
to the United Nations and decisions taken during the meeting of the
top leaders on November 8:

Relating to Maoist army –

4.1. As per the commitments expressed in the joint letter
sent to the United Nations by the Nepal government and the Maoists on
August 9, the combatants of the Maoists would remain in the following
temporary camps. United Nations would do their verification and monitoring.

1. Kailali, 2. Surkhet, 3. Rolpa, 4. Nawalparasi, 5.
Chitwan, 6. Sindhuli 7. Ilam. There would be three smaller camps located
in the periphery of each of these main camps

4.2. All the arms and ammunitions would be securely
stored in the camps except those needed for providing security of the
camp after the Maoist combatants are sent to the cantonments. They will
be put under a single lock system and the concerned side would keep
the key of this lock. For the UN to monitor it, a device with siren
as well as recording facility will be installed. When there is need
to examine the stored arms, the UN would do so in the presence of the
concerned side. Prepare the details of technology including camera for
monitoring as per the agreement among the Nepal government, the Maoists
and the United Nations.

4.3. On completion of cantonment of the Maoist combatants,
Nepal government would take up the responsibility for providing ration
and other facilities to them.

4.4. The interim cabinet shall form a special committee
to carry out monitoring, integration and rehabilitation of the Maoist
combatants.

4.5. Make arrangement for the security of the Maoist
leaders as per the agreement with the Nepal government.

Relating to the Nepali Army

4.6. The Nepali Army would be confined to the barracks
as per the commitments expressed in the letter sent to the United Nations.
Guarantee that its arms would not be used for or against any side. Keep
similar quantity of arms of the Nepali Army in the store, seal it with
single-lock system and give the key to the concerned side. For the UN
to monitor it, a device with siren as well as recording facility will
be installed. When there is need to examine the stored arms, the UN
would do so in the presence of the concerned side. Prepare the details
of technological arrangement including camera for monitoring as per
the agreement among the Nepal government, the Maoists and the United
Nations.

4.7. The cabinet would control, mobilise and manage
the Nepali Army as per the new Military Act. The interim cabinet would
prepare and implement the detailed action plan of democratisation of
the Nepali Army by taking suggestions from the concerned committee of
the interim parliament. This includes works like determination of the
right number of the Nepali Army, prepare the democratic structure reflecting
the national and inclusive character, and train them on democratic principles
and human rights values

4.8. Continue the works of the Nepali Army such as border
security, security of the conservation areas, protected areas, banks,
airport, power house, telephone tower, central secretariat and security
of VIPs.

5. Ceasefire

5.1. End of armed rebellion and mobilisation of armed
forces:-

5.1.1. Both parties commit not to carry out the following
activities:-

Acts of attacking or using arms directly or indirectly
against each other

Seizing or raiding places where the arms of other
side has been stored as per the mutual understanding, with or without
arms

Acts that would cause mental pressure or loss to
any individual person

Acts to place ambush targeting each other

Actions involving killing or violence

Acts of abduction, arrest, imprisonment, disappearance

Destruction of public, private, governmental or
military properties

Aerial attacks or bombarding

Mining or sabotaging

Acts of spying each other’s military activities

5.1.2. Both parties shall not carry on further recruitments,
shall not transport the arms and ammunition or pose difficulties militarily
against each other.

But the interim cabinet shall mobilise the security
forces for search and patrol to stop the acts like illegal transportation
of arms, explosives or their parts or raw material in borders or customs
points.

5.1.3. No individuals or groups shall travel with arms,
ammunition or explosives

5.1.4. Both parties shall inform each other about the
demarcation and storage of ambush or mines planted during the war period
within 30 days and help each other to diffuse or dispose them off within
60 days.

5.1.5. Armies of both parties shall not appear with
arms or combat dresses in any civil meeting, political gathering or
public programmes.

5.1.6. Nepal Police and Armed Police force shall continue
to work for maintaining peace and investigation into the criminal activities
as per the spirit and content of the peace agreement and prevailing
laws.

5.1.7. Both parties shall instruct their armed forces
directing them to stop telling or behaving with the other side’s armed
personnel as ‘enemy’.

5.1.8. Both parties agree to prepare the details of
the governmental, public, private building, land or other properties
captured, locked or restricted from being used during the period of
armed conflict and return these things immediately

5.2. Ways of normalising the situation:

5.2.1. There won’t be cash or kind collection or tax
collection against anyone’s will or existing laws.

5.2.2. Both parties agree to publicise and release all
the person kept under detention within 15 days.

5.2.3. Prepare the details of the disappeared persons
or those killed in the conflict with their real name, surname and residential
address and publicise it within 60 days from the day of signing this
agreement and inform the family members of concerned persons.

5.2.4. Both parties agree to form a national peace and
rehabilitation commission to initiate process of rehabilitation and
providing relief support to the persons victimised by the conflict and
normalise the difficult situation created due to the armed conflict.

5.2.5. Both parties agree to form a high level Truth
and Reconciliation Commission on mutual understanding to conduct investigation
about those who were involved in gross violation of human rights at
the time of the conflict and those who committed crime against humanity
and to create the situation of reconciliation in the society.

5.2.6. Both parties vow to renounce all forms of war,
attacks, counter-attacks, violence and counter violence existing in
the country and commit to guarantee the democracy, peace and progressive
changes in the Nepali society. It has been agreed that both parties
shall help each other for maintaining peaceful situation.

5.2.7. Both parties guarantee to withdraw accusations,
claims, complaints and under-consideration cases levelled against various
individuals due to political reasons and immediately publicise the status
of those imprisoned and immediately release them.

5.2.8. Both parties express the commitment to allow
without any political prejudice the people displaced due to the armed
conflict to return back voluntarily to their respective ancestral or
former residence, reconstruct the infrastructure destroyed during the
conflict and rehabilitate and socialise the displaced people into the
society.

5.2.9. Both parties agree to take individual and collective
responsibility of resolving, with the support of all the political parties,
civil society and local institutions, any problems arising in the aforementioned
context on the basis of mutual consensus and creating an atmosphere
conducive for normalisation of mutual relations and for reconciliation.

5.2.10. Both parties express the commitment not to discriminate
against or exert any kind of pressure on any member of the family of
either side on the basis of them being related to one or the other side.

5.2.11. Both parties agree not to create any kind of
obstacle and allow any kind of obstruction to be created in the independent
travelling, assuming of duties and executing of work by the Government
of Nepal and public bodies' employees and assist them in their work.

5.2.12. Both parties agree to allow unrestricted travelling
as per the law within the state of Nepal to the personnel of the United
Nations, international donors agencies and diplomatic missions working
in Nepal, national and international non-government organisations, press,
human rights activists, election observers and foreign visitors.

5.2.13. Both parties commit to operate publicity campaigns
in a decent and respectable manner.

6. The end of war

6.1 On the basis of the historic agreement between
the seven political parties and the Maoists on November 8th, giving
permanency to the ongoing ceasefire between the government and the Maoists,
we declare the end of the war that has been going on since 1996.

6.2 The decisions made by the meeting of the senior
leaders of the seven political parties and the Maoists on November 8
will be the principal basis for the establishment of permanent peace.

6.3 After the Nepali Army is placed in the barracks
and the Maoists’ combatants are is contained in the cantonments, possession
of arms, display of arms, creating terror, use of weapons or such acts
against the agreement or law will be punishable by the law.

6.4 The army on both sides shall not be allowed to campaign
in favour of any group or shall not be allowed to express their support
towards any of the sides but they shall not be deprived from their rights
to vote.

7. Human rights, fundamental rights and following
humanitarian laws

Both parties express their commitment towards universal
declaration of human rights 1948 and international humanitarian law
and basic principle and values of human rights.

7.1 Human Rights

7.1.1 Both parties reaffirm their commitment to respect
and protect human rights and international humanitarian law and accept
that no individual shall be discriminated on the basis of caste, gender,
language, religion, age, ethnic groups, national or social origin, property,
disability, birth or any other status, thoughts or conscience.

7.1.2 Both parties have agreed to create an environment
where the Nepali people can utilize their civic, political, economical,
social and cultural rights and are committed to create an environment
in which these rights will not be violated in the future under any circumstances.

7.1.3 Both parties express their commitment and state
that necessary investigation will be undertaken against any individual
involved in violating the rights mentioned in the agreement and action
will be taken against ones that are found guilty. Both parties also
ascertain that they will not protect impunity and along with it, the
rights of the people affected by the conflict and torture and the families
of the people who have been disappeared will be safeguarded.

7.1.4 Both parties shall not be involved in activities
like torturing civilians, abducting, forcing them to work and shall
take necessary action to discourage such activities.

7.1.5 On the basis of secularism, both the sides shall
respect social, cultural and religious sensitivity, and shall respect
the religious conscience of a religious place or an individual.

7.2 Right to live

7.2.1 Both parties shall respect and protect the right
of an individual to live. No one shall be deprived of this basic right
and no law including capital punishment shall be formulated.

7.3 Individual prestige, freedom and freedom of movement

7.3.1 Both parties shall respect the right of individual
prestige and freedom. In this context, even the people who have been
legally deprived from enjoying their freedom shall also not be subjected
to torture or punished with inhumane behaviour or disrespectful behaviour.
The right of privacy of an individual shall be protected legally.

7.3.2 Both parties, respecting the individual’s freedom
and right to security shall not place anyone under whimsical or illegal
detention and shall not abduct or imprison any individual. Both parties
shall release the details of the condition of the people who have been
disappeared or have been kept captives and an agreement has also been
reached to inform about their status to their family members, legal
consultant or any other authorised person.

7.3.3 Both parties shall respect and protect the individual’s
freedom to move freely and right to choose a place to reside within
the legal periphery and also expresses commitment to respect the right
of the people who have been displaced to return home or to live in any
other place they choose.

7.4 Civil and political rights

7.4.1 Both parties express their commitment to respect
and protect an individual’s freedom of opinion and expression, freedom
to form unions and associations, freedom to assemble peacefully and
shall work against exploitation.

7.4.2 Both parties shall respect the right of every
individual to participate in public matters directly or through representatives,
right to vote and be elected and the right of equality to enter public
service.

7.4.3 Both parties are committed to respect the right
of the people to be informed.

7.5 Socio-economic rights

7.5.1 Both parties are committed to respect and protect
an individual’s freedom to practice any profession.

7.5.2 Both parties are committed to respect and guarantee
the people’s right to food security. It also ascertains that the issues
like food, food production, utilisation of food, its transportation
and distribution shall not be interfered with.

7.5.3 Both parties accept the need to respect and protect
the health rights of the people. Both parties shall not disrupt the
supply of medicines, assistance and health campaigns and also express
its commitment towards treatment of the people who have been injured
due to the conflict and shall also initiate rehabilitation process.

7.5.4 Both parties accept the need to respect and guarantee
the right of education to all and express commitment to maintain adequate
educational environment in educational institution. Both parties have
agreed to ascertain that the right to education is not violated. An
agreement has been reached whereby, incidents like capturing educational
institution, using these institutions, abducting, detaining or disappearing
teachers and students shall be stopped immediately and military barracks
shall not be constructed near schools and hospitals.

7.5.5 Both parties have agreed not to illegally seize
or capture anyone’s private property.

7.5.6 Both parties believe in not disrupting the industrial
environment of the country and to continue production, protect the right
of group bargaining in industrial institution and respecting social
security intends to encourage resolving the disputes between the labour
and the industrial institution peacefully and respects the right to
work determined by the International Labour Organisation (ILO).

7.6 Rights of women and children

7.6.1 Both parties completely agree on the need to specially
protect the rights of women and children and the need to stop all forms
of sexual exploitation and other forms of misbehaviour on women and
child labour and other violent act against children and not to include
children below the age of 18 in any form of military force. The children
who have already been affected shall be rescued immediately and adequate
provisions shall be made for their rehabilitation.

7.7. Right of Individual Liberty

7.7.1. Both parties agree to the freedom of opinion
and expression; freedom to assemble peaceably and without arms; freedom
of movement; freedom to practice any profession, or to carry on any
occupation, industry or trade; press and publication rights; the freedom
to take part in peaceful political activities; the right of equality
before the law; and to implement and have a tolerable system of justice
implemented.

8. Dispute Settlement and Implementation Mechanism

8.1. Both parties agree to become responsible and accountable
in an individual and collective manner and not repeat in future mistakes
committed in the past and also correct these mistakes on a gradual basis.

8.2. The National Peace and Rehabilitation Commission
shall be set up as per the need for making the campaign for peace successful.
The composition and working procedures of the Commission shall be as
determined by the interim Council of Ministers.

8.3. Both parties are committed to settle all kinds
of present or possible future mutual differences or problems through
mutual talks, understanding, consensus and dialogue.

8.4. Both parties express commitment that the interim
Council of Ministers shall constitute and determine the working procedures
of the National Peace and Rehabilitation Commission, the Truth and Reconciliation
Commission, the High-level State Restructuring Recommendation Commission
and other mechanisms as per the need to implement this agreement, the
Interim Constitution and all the decisions, agreements and understandings
reached between the Seven-party Alliance, the Government of Nepal and
the CPN (Maoist).

9. Implementation and Follow-up

Both parties have agreed to make the following arrangements
for the implementation of the understandings mentioned in this agreement
and for their follow-up –

9.1. Both parties agree to give continuity to the task
of monitoring of the human rights provisions mentioned in this agreement
by the United Nations Office of the High Commissioner for Human Rights,
Nepal.

9.2. Both parties agree for the monitoring of the management
of arms and the armies by the United Nations Mission in Nepal as mentioned
in the five-point letter send to the UN earlier and in the present agreement.

9.3. Both parties agree to get the United Nations supervise
the election to the Constituent Assembly.

9.4. The National Human Rights Commission shall also
carry out works related to the monitoring of human rights as mentioned
in this agreement together with the responsibility assigned to it as
per the laws. In connection with carrying out its works, the Commission
can take the help of national and international human rights organisations
after maintaining necessary coordination with them.

9.5. Both parties agree to accept the reports submitted
by the above-mentioned bodies, to provide the information requested
by them, and to implement the suggestions and recommendations given
by them on the basis of consensus and dialogue.

10. Miscellaneous

10.1. Both parties agree not to operate parallel or
any form of structure in any areas of the state or government structure
as per the letter of the decisions of November 8 and the spirit of the
peace agreement.

10.2. Both parties accept to sign any complementary
agreements, as necessitated, for the implementation of the present agreement.

10.3. This agreement can be revised any time with the
consent of both parties. Both parties agree to provide to each other
prior written information if they wish to make any change. The amendments
could be made to the agreement with the consent of both parties after
receiving the information. The provisions to be made by such an amendment
would not be below the minimum standards of the accepted international
human rights and humanitarian laws.

10.4. If any disputes arise in any interpretation of
this agreement, a joint mechanism comprising both parties shall make
the interpretation on the basis of the preamble and the documents included
in the schedule of this agreement, and this interpretation would be
final.

10.5. The concept of 'two parties' as mentioned in this
agreement would automatically cease to exist after the constitution
of the Interim Legislature -Parliament. Thereafter, all the responsibility
of implementing the obligations stated in this agreement shall be as
per the arrangements made by the Interim Council of Ministers. It would
be the duty and responsibility of all the political parties to extend
cooperation in the compliance and implementation of the agreement.

10.6. We heartily appeal to one and all to extend cooperation
for resolving their problems and demands through talks and dialogue
and for holding the election to the constituent assembly and maintaining
the law and order, at a time when the entire country is focused on the
main campaign of the election of the Constituent Assembly.

10.7. We heartily appeal to the civil society, the professional
groups, the class organisations, the media, the intellectual community
and all the Nepali people to actively participate in this historic campaign
of building a new Nepal and establishing lasting peace through the election
of the Constituent Assembly by ending the armed conflict.

10.8. We heartily urge all the friendly countries and
the United Nations, as well as the International Community to extend
support to Nepal in this campaign of establishing full democracy and
lasting peace.

Cognizant of the responsibility of the future of the
country and the people, and becoming fully committed to this comprehensive
peace agreement, we, on behalf of the Government of Nepal and the Communist
Party of Nepal (Maoist), hereby make public this comprehensive peace
agreement after signing it.